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PAG LIN
1 1 Amend the amendment, S-3771, to House File 299, as
1 2 amended, passed, and reprinted by the House, as
1 3 follows:
1 4 #1. By striking page 1, line 1, through page 12,
1 5 line 4 and inserting the following:
1 6 "Amend House File 299, as amended, passed, and
1 7 reprinted by the House, as follows:
1 8 # . By striking everything after the enacting
1 9 clause and inserting the following:
1 10 "Section 1. Section 730.5, Code 1997, is amended
1 11 by striking the section and inserting in lieu thereof
1 12 the following:
1 13 730.5 PRIVATE SECTOR DRUG-FREE WORKPLACES.
1 14 1. DEFINITIONS. As used in this section, unless
1 15 the context otherwise requires:
1 16 a. "Alcohol" means ethanol, isopropanol, or
1 17 methanol.
1 18 b. "Drug" means a substance considered unlawful
1 19 under the federal Controlled Substances Act, 21 U.S.C.
1 20 } 801 et seq.
1 21 c. "Employee" means a person in the service of an
1 22 employer and includes the employer, and any chief
1 23 executive officer, president, vice president,
1 24 supervisor, manager, and officer of the employer.
1 25 d. "Employer" means a person, firm, company,
1 26 corporation, labor organization, or employment agency,
1 27 which has one or more full-time employees employed in
1 28 the same business, or in or about the same
1 29 establishment, under any contract of hire, express or
1 30 implied, oral or written, in this state. "Employer"
1 31 does not include the state, a political subdivision of
1 32 the state, including a city, county, or school
1 33 district, the United States, the United States postal
1 34 service, or a Native-American tribe.
1 35 e. "Good faith" means reasonable reliance on
1 36 facts, or that which is held out to be factual,
1 37 without the intent to be deceived, and without
1 38 reckless, malicious, or negligent disregard for the
1 39 truth.
1 40 f. "Medical review officer" means a licensed
1 41 physician, osteopathic physician, chiropractor, nurse
1 42 practitioner, or physician's assistant authorized to
1 43 practice in any state of the United States, who is
1 44 responsible for receiving laboratory results generated
1 45 by an employer's drug testing program, and who has
1 46 knowledge of substance abuse disorders and has
1 47 appropriate medical training to interpret and evaluate
1 48 an individual's confirmed positive test result
1 49 together with the individual's medical history and any
1 50 other relevant biomedical information.
2 1 g. "Prospective employee" means a person who has
2 2 made application, whether written or oral, to an
2 3 employer to become an employee.
2 4 h. "Reasonable suspicion drug or alcohol testing"
2 5 means drug or alcohol testing based upon evidence that
2 6 an employee is using or has used alcohol or other
2 7 drugs in violation of the employer's written policy
2 8 drawn from specific objective and articulable facts
2 9 and reasonable inferences drawn from those facts in
2 10 light of experience. For purposes of this paragraph,
2 11 facts and inferences may be based upon, but not
2 12 limited to, any of the following:
2 13 (1) Observable phenomena while at work such as
2 14 direct observation of alcohol or other drug use or
2 15 abuse or of the physical symptoms or manifestations of
2 16 being impaired due to alcohol or other drug use.
2 17 (2) Abnormal conduct or erratic behavior while at
2 18 work or a significant deterioration in work
2 19 performance.
2 20 (3) A report of alcohol or other drug use provided
2 21 by a reliable and credible source.
2 22 (4) Evidence that an individual has tampered with
2 23 any drug or alcohol test during the individual's
2 24 employment with the current employer.
2 25 (5) Evidence that an employee has caused an
2 26 accident while at work.
2 27 (6) Evidence that an employee has manufactured,
2 28 sold, distributed, solicited, possessed, used, or
2 29 transferred drugs while working or while on the
2 30 employer's premises or while operating the employer's
2 31 vehicle, machinery, or equipment.
2 32 i. "Safety-sensitive position" means a job wherein
2 33 an accident could cause loss of human life, serious
2 34 bodily injury, or significant property or
2 35 environmental damage, including a job with duties that
2 36 include immediate supervision of a person in a job
2 37 that meets the requirement of this paragraph.
2 38 j. "Sample" means such sample from the human body
2 39 capable of revealing the presence of alcohol or other
2 40 drugs, or their metabolites.
2 41 k. "Unannounced drug or alcohol testing" means
2 42 testing for the purposes of detecting drugs or alcohol
2 43 which is conducted on a periodic basis, without
2 44 advance notice of the test, and without individualized
2 45 suspicion. The selection of employees to be tested
2 46 shall be done by an entity independent from the
2 47 employer and shall be made by a computer-based random
2 48 number generator that is matched with employees'
2 49 social security numbers, payroll identification
2 50 numbers, or other comparable identifying numbers in
3 1 which each member of the employee population subject
3 2 to testing has an equal chance of selection for
3 3 initial testing. The random selection process shall
3 4 be conducted through a computer program that records
3 5 each selection attempt by date, time, and employee
3 6 number.
3 7 2. TESTING OPTIONAL. This section does not
3 8 require an employer to conduct drug or alcohol testing
3 9 and the requirements of this section shall not be
3 10 construed to encourage, discourage, restrict, limit,
3 11 prohibit, or require such testing.
3 12 3. TESTING AS CONDITION OF EMPLOYMENT –
3 13 REQUIREMENTS. To the extent provided in subsection 7,
3 14 an employer may test employees and prospective
3 15 employees for the presence of drugs or alcohol as a
3 16 condition of continued employment or hiring. An
3 17 employer shall adhere to the requirements of this
3 18 section concerning the conduct of such testing and the
3 19 use and disposition of the results of such testing.
3 20 4. COLLECTION OF SAMPLES. In conducting drug or
3 21 alcohol testing, an employer may require the
3 22 collection of samples from its employees and
3 23 prospective employees, and may require presentation of
3 24 reliable individual identification from the person
3 25 being tested to the person collecting the samples.
3 26 Collection of a sample shall be in conformance with
3 27 the requirements of this section. The employer may
3 28 designate the type of sample to be used for this
3 29 testing.
3 30 5. SCHEDULING OF TESTS.
3 31 a. Drug or alcohol testing of employees conducted
3 32 by an employer shall normally occur during, or
3 33 immediately before or after, a regular work period.
3 34 The time required for such testing by an employer
3 35 shall be deemed work time for the purposes of
3 36 compensation and benefits for employees.
3 37 b. An employer shall pay all actual costs for drug
3 38 or alcohol testing of employees and prospective
3 39 employees required by the employer.
3 40 c. An employer shall provide transportation or pay
3 41 reasonable transportation costs to employees if drug
3 42 or alcohol sample collection is conducted at a
3 43 location other than the employee's normal work site.
3 44 6. TESTING PROCEDURES. All sample collection and
3 45 testing for drugs or alcohol under this section shall
3 46 be performed in accordance with the following
3 47 conditions:
3 48 a. The collection of samples shall be performed
3 49 under sanitary conditions and with regard for the
3 50 privacy of the individual from whom the specimen is
4 1 being obtained and in a manner reasonably calculated
4 2 to preclude contamination or substitution of the
4 3 specimen.
4 4 b. Sample collection for testing of current
4 5 employees shall be performed so that the specimen is
4 6 split into two components at the time of collection in
4 7 the presence of the individual from whom the sample or
4 8 specimen is collected. The second portion of the
4 9 specimen or sample shall be of sufficient quantity to
4 10 permit a second, independent confirmatory test as
4 11 provided in paragraph "i". If the specimen is urine,
4 12 the sample shall be split such that the primary sample
4 13 contains at least thirty milliliters and the secondary
4 14 sample contains at least fifteen milliliters. Both
4 15 portions of the sample shall be forwarded to the
4 16 laboratory conducting the initial confirmatory
4 17 testing. In addition to any requirements for storage
4 18 of the initial sample that may be imposed upon the
4 19 laboratory as a condition for certification of
4 20 approval, the laboratory shall store the second
4 21 portion of any sample until receipt of a confirmed
4 22 negative test result or for a period of at least
4 23 forty-five calendar days following the completion of
4 24 the initial confirmatory testing, if the first portion
4 25 yielded a confirmed positive test result.
4 26 c. Sample collections shall be documented, and the
4 27 procedure for documentation shall include the
4 28 following:
4 29 (1) Samples shall be labeled so as to reasonably
4 30 preclude the possibility of misidentification of the
4 31 person tested in relation to the test result provided,
4 32 and samples shall be handled and tracked in a manner
4 33 such that control and accountability are maintained
4 34 from initial collection to each stage in handling,
4 35 testing, and storage, through final disposition.
4 36 (2) An employee or prospective employee shall be
4 37 provided an opportunity to provide any information
4 38 which may be considered relevant to the test,
4 39 including identification of prescription or
4 40 nonprescription drugs currently or recently used, or
4 41 other relevant medical information. To assist an
4 42 employee or prospective employee in providing the
4 43 information described in this subparagraph, the
4 44 employer shall provide an employee or prospective
4 45 employee with a list of the drugs to be tested.
4 46 d. Sample collection, storage, and transportation
4 47 to the place of testing shall be performed so as to
4 48 reasonably preclude the possibility of sample
4 49 contamination, adulteration, or misidentification.
4 50 e. All drug testing shall be conducted at a
5 1 laboratory certified by the United States department
5 2 of health and human services' substance abuse and
5 3 mental health services administration or approved
5 4 under rules adopted by the Iowa department of public
5 5 health.
5 6 f. Drug or alcohol testing shall include
5 7 confirmation of any initial positive test results.
5 8 For drug or alcohol testing, confirmation shall be by
5 9 use of a different chemical process than was used in
5 10 the initial screen for drugs or alcohol. The
5 11 confirmatory drug or alcohol test shall be a
5 12 chromatographic technique such as gas chromatography
5 13 or mass spectrometry, or another comparably reliable
5 14 analytical method. An employer may take adverse
5 15 employment action, including refusal to hire a
5 16 prospective employee, based on a confirmed positive
5 17 drug or alcohol test.
5 18 g. A medical review officer shall, prior to the
5 19 results being reported to an employer, review and
5 20 interpret any confirmed positive test results,
5 21 including both quantitative and qualitative test
5 22 results, to ensure that the chain of custody is
5 23 complete and sufficient on its face and that any
5 24 information provided by the individual pursuant to
5 25 paragraph "c", subparagraph (2), is considered.
5 26 h. In conducting drug or alcohol testing pursuant
5 27 to this section, the employer shall ensure to the
5 28 extent feasible that the testing only measure, and the
5 29 records concerning the testing only show or make use
5 30 of information regarding, alcohol or drugs in the
5 31 body.
5 32 i. (1) If a confirmed positive drug or alcohol
5 33 test for a current employee is reported to the
5 34 employer by the medical review officer, the employer
5 35 shall notify the employee in writing of the results of
5 36 the test, the employee's right to request and obtain a
5 37 confirmatory test of the second sample collected
5 38 pursuant to paragraph "b" at an approved laboratory of
5 39 the employee's choice, and the fee payable by the
5 40 employee to the employer for reimbursement of expenses
5 41 concerning the test. The fee charged an employee
5 42 shall be an amount that represents the costs
5 43 associated with conducting the second confirmatory
5 44 test, which shall be consistent with the employer's
5 45 cost for conducting the initial confirmatory test on
5 46 an employee's sample. If the employee requests a
5 47 second confirmatory test, identifies an approved
5 48 laboratory to conduct the test, and pays the employer
5 49 the fee for the test within five days from the date
5 50 the employee receives written notice of the right to
6 1 request a test, a second confirmatory test shall be
6 2 conducted at the laboratory chosen by the employee.
6 3 The results of the second confirmatory test shall be
6 4 reported to the medical review officer who reviewed
6 5 the initial confirmatory test results and the medical
6 6 review officer shall review the results and issue a
6 7 report to the employer on whether the results of the
6 8 second confirmatory test confirmed the initial
6 9 confirmatory test as to the presence of a specific
6 10 drug or alcohol. If the results of the second test do
6 11 not confirm the results of the initial confirmatory
6 12 test, the employer shall reimburse the employee for
6 13 the fee paid by the employee for the second test and
6 14 the initial confirmatory test shall not be considered
6 15 a confirmed positive drug or alcohol test for purposes
6 16 of taking disciplinary action pursuant to subsection
6 17 9.
6 18 (2) If a confirmed positive drug or alcohol test
6 19 for a prospective employee is reported to the employer
6 20 by the medical review officer, the employer shall
6 21 notify the prospective employee in writing of the
6 22 results of the test, of the name and address of the
6 23 medical review officer who made the report, and of the
6 24 prospective employee's right to request records under
6 25 subsection 12.
6 26 j. A laboratory conducting testing under this
6 27 section shall dispose of all samples for which a
6 28 negative test result was reported to an employer
6 29 within five working days after issuance of the
6 30 negative test result report.
6 31 7. DRUG OR ALCOHOL TESTING. Employers may conduct
6 32 drug or alcohol testing as provided in this
6 33 subsection:
6 34 a. Employers may conduct unannounced drug or
6 35 alcohol testing of the employee population not subject
6 36 to testing pursuant to paragraph "b".
6 37 b. Employers may conduct unannounced drug or
6 38 alcohol testing of employees in a pool of employees
6 39 who are in a safety-sensitive position.
6 40 c. Employers may conduct drug or alcohol testing
6 41 of employees during, and after completion of, drug or
6 42 alcohol rehabilitation.
6 43 d. Employers may conduct reasonable suspicion drug
6 44 or alcohol testing.
6 45 e. Employers may conduct drug or alcohol testing
6 46 of prospective employees.
6 47 f. Employers may conduct drug or alcohol testing
6 48 as required by federal law or regulation.
6 49 g. Employers may conduct drug or alcohol testing
6 50 in investigating accidents in the workplace.
7 1 8. WRITTEN POLICY AND OTHER TESTING REQUIREMENTS.
7 2 a. Drug or alcohol testing or retesting by an
7 3 employer shall be carried out within the terms of a
7 4 written policy which has been provided to every
7 5 employee subject to testing, and is available for
7 6 review by employees and prospective employees.
7 7 b. Employers shall establish an awareness program
7 8 to inform employees of the dangers of drug and alcohol
7 9 use in the workplace and comply with the following
7 10 requirements in order to conduct drug or alcohol
7 11 testing under this section:
7 12 (1) If an employer has an employee assistance
7 13 program, the employer must inform the employee of the
7 14 benefits and services of the employee assistance
7 15 program. An employer shall post notice of the
7 16 employee assistance program in conspicuous places and
7 17 explore alternative routine and reinforcing means of
7 18 publicizing such services. In addition, the employer
7 19 must provide the employee with notice of the policies
7 20 and procedures regarding access to and utilization of
7 21 the program.
7 22 (2) If an employer does not have an employee
7 23 assistance program, the employer must maintain a
7 24 resource file of employee assistance services
7 25 providers, alcohol and other drug abuse programs
7 26 certified by the Iowa department of public health,
7 27 mental health providers, and other persons, entities,
7 28 or organizations available to assist employees with
7 29 personal or behavioral problems. The employer shall
7 30 provide all employees information about the existence
7 31 of the resource file and a summary of the information
7 32 contained within the resource file. The summary
7 33 should contain, but need not be limited to, all
7 34 information necessary to access the services listed in
7 35 the resource file. In addition, the employer shall
7 36 post in conspicuous places a listing of multiple
7 37 employee assistance providers in the area.
7 38 c. An employee or prospective employee whose drug
7 39 or alcohol test results are confirmed as positive in
7 40 accordance with this section shall not, by virtue of
7 41 those results alone, be considered as a person with a
7 42 disability for purposes of any state or local law or
7 43 regulation.
7 44 d. If the written policy provides for alcohol
7 45 testing, the employer shall establish in the written
7 46 policy a standard for alcohol concentration which
7 47 shall be deemed to violate the policy. The standard
7 48 for alcohol concentration shall not be less than .02,
7 49 expressed in terms of grams of alcohol per two hundred
7 50 ten liters of breath, or its equivalent.
8 1 e. All employees of an employer who are designated
8 2 by the employer as being in a safety-sensitive
8 3 position shall be placed in a pool of safety-sensitive
8 4 employees subject to drug or alcohol testing pursuant
8 5 to subsection 7, paragraph "b". An employer shall
8 6 have no more than one pool of safety-sensitive
8 7 employees subject to drug or alcohol testing pursuant
8 8 to subsection 7, paragraph "b".
8 9 f. Upon receipt of a confirmed positive alcohol
8 10 test or a confirmed positive drug test relating to the
8 11 abuse of lawfully prescribed drugs currently or
8 12 recently used by an employee, and if the employer has
8 13 at least fifty employees, and if the employee has been
8 14 employed by the employer on a full-time basis for
8 15 twelve consecutive months and rehabilitation is agreed
8 16 upon by both the employer and the employee, and if the
8 17 employee has not previously undergone rehabilitation
8 18 with the same employer pursuant to this section, the
8 19 written policy shall provide for the apportionment of
8 20 the costs of rehabilitation as provided by this
8 21 paragraph.
8 22 (1) If the employer has an employee benefit plan,
8 23 the costs of rehabilitation shall be apportioned as
8 24 provided under the employee benefit plan.
8 25 (2) If no employee benefit plan exists and the
8 26 employee has coverage for any portion of the costs of
8 27 rehabilitation under any health care plan of the
8 28 employee, the costs of rehabilitation shall be
8 29 apportioned as provided by the health care plan with
8 30 any costs not covered by the plan apportioned equally
8 31 between the employee and the employer. However, the
8 32 employer shall not be required to pay more than two
8 33 thousand dollars toward the costs not covered by the
8 34 employee's health care plan.
8 35 (3) If no employee benefit plan exists and the
8 36 employee does not have coverage for any portion of the
8 37 costs of rehabilitation under any health care plan of
8 38 the employee, the costs of rehabilitation shall be
8 39 apportioned equally between the employee and the
8 40 employer. However, the employer shall not be required
8 41 to pay more than two thousand dollars towards the cost
8 42 of rehabilitation under this subparagraph.
8 43 g. In order to conduct drug or alcohol testing
8 44 under this section, an employer shall require
8 45 supervisory personnel of the employer involved with
8 46 drug or alcohol testing under this section to attend a
8 47 minimum of two hours of initial training and to
8 48 attend, on an annual basis thereafter, a minimum of
8 49 one hour of subsequent training. The training shall
8 50 include, but is not limited to, information concerning
9 1 the recognition of evidence of employee alcohol and
9 2 other drug abuse, the documentation and corroboration
9 3 of employee alcohol and other drug abuse, and the
9 4 referral of employees who abuse alcohol or other drugs
9 5 to the employee assistance program or to the resource
9 6 file of employee assistance services providers.
9 7 9. DISCIPLINARY PROCEDURES.
9 8 a. Upon receipt of a confirmed positive drug or
9 9 alcohol test result which indicates a violation of the
9 10 employer's written policy, or upon the refusal of an
9 11 employee or prospective employee to provide a testing
9 12 sample, an employer may use that test result or test
9 13 refusal as a valid basis for disciplinary or
9 14 rehabilitative actions consistent with the employer's
9 15 written policy, which may include, among other
9 16 actions, the following:
9 17 (1) A requirement that the employee enroll in an
9 18 employer-provided or approved rehabilitation,
9 19 treatment, or counseling program, which may include
9 20 additional drug or alcohol testing, participation in
9 21 and successful completion of which may be a condition
9 22 of continued employment, and the costs of which may or
9 23 may not be covered by the employer's health plan or
9 24 policies.
9 25 (2) Suspension of the employee, with or without
9 26 pay, for a designated period of time.
9 27 (3) Termination of employment.
9 28 (4) Refusal to hire a prospective employee.
9 29 (5) Other adverse employment action in conformance
9 30 with the employer's written policy and procedures,
9 31 including any relevant collective bargaining agreement
9 32 provisions.
9 33 b. Following a drug or alcohol test, but prior to
9 34 receipt of the final results of the drug or alcohol
9 35 test, an employer may suspend a current employee, with
9 36 or without pay, pending the outcome of the test. An
9 37 employee who has been suspended shall be reinstated by
9 38 the employer, with back pay, and interest on such
9 39 amount at eighteen percent per annum compounded
9 40 annually, if applicable, if the result of the test is
9 41 not a confirmed positive drug or alcohol test which
9 42 indicates a violation of the employer's written
9 43 policy.
9 44 10. EMPLOYER IMMUNITY. A cause of action shall
9 45 not arise against an employer who has established a
9 46 policy and initiated a testing program in accordance
9 47 with the testing and policy safeguards provided for
9 48 under this section, for any of the following:
9 49 a. Testing or taking action based on the results
9 50 of a positive drug or alcohol test result, indicating
10 1 the presence of drugs or alcohol, in good faith, or
10 2 the refusal of an employee or prospective employee to
10 3 submit to a drug or alcohol test.
10 4 b. Failure to test for drugs or alcohol, or
10 5 failure to test for a specific drug or controlled
10 6 substance.
10 7 c. Failure to test for, or if tested for, failure
10 8 to detect, any specific drug or other controlled
10 9 substance.
10 10 d. Termination or suspension of any substance
10 11 abuse prevention or testing program or policy.
10 12 e. Any action taken related to a false negative
10 13 drug or alcohol test result.
10 14 11. EMPLOYER LIABILITY – FALSE POSITIVE TEST
10 15 RESULTS.
10 16 a. Except as otherwise provided in paragraph "b",
10 17 a cause of action shall not arise against an employer
10 18 who has established a program of drug or alcohol
10 19 testing in accordance with this section, unless all of
10 20 the following conditions exist:
10 21 (1) The employer's action was based on a false
10 22 positive test result.
10 23 (2) The employer knew or clearly should have known
10 24 that the test result was in error and ignored the
10 25 correct test result because of reckless, malicious, or
10 26 negligent disregard for the truth, or the willful
10 27 intent to deceive or to be deceived.
10 28 b. A cause of action for defamation, libel,
10 29 slander, or damage to reputation shall not arise
10 30 against an employer establishing a program of drug or
10 31 alcohol testing in accordance with this section unless
10 32 all of the following apply:
10 33 (1) The employer discloses the test results to a
10 34 person other than the employer, an authorized
10 35 employee, agent, or representative of the employer,
10 36 the tested employee or the tested applicant for
10 37 employment, an authorized substance abuse treatment
10 38 program or employee assistance program, or an
10 39 authorized agent or representative of the tested
10 40 employee or applicant.
10 41 (2) The test results disclosed incorrectly
10 42 indicate the presence of alcohol or drugs.
10 43 (3) The employer negligently discloses the
10 44 results.
10 45 c. In any cause of action based upon a false
10 46 positive test result, all of the following conditions
10 47 apply:
10 48 (1) The results of a drug or alcohol test
10 49 conducted in compliance with this section are presumed
10 50 to be valid.
11 1 (2) An employer shall not be liable for monetary
11 2 damages if the employer's reliance on the false
11 3 positive test result was reasonable and in good faith.
11 4 12. CONFIDENTIALITY OF RESULTS - EXCEPTION.
11 5 a. Except as provided in paragraph "b", all
11 6 communications received by an employer relevant to
11 7 employee or prospective employee drug or alcohol test
11 8 results, or otherwise received through the employer's
11 9 drug or alcohol testing program, are confidential
11 10 communications and shall not be used or received in
11 11 evidence, obtained in discovery, or disclosed in any
11 12 public or private proceeding, except as provided by
11 13 this section or in a proceeding related to an action
11 14 taken by an employer under this section or by an
11 15 employee under this section.
11 16 b. An employee, or a prospective employee, who is
11 17 the subject of a drug or alcohol test conducted under
11 18 this section pursuant to an employer's written policy
11 19 and for whom a confirmed positive test result is
11 20 reported shall, upon written request, have access to
11 21 any records relating to the employee's drug or alcohol
11 22 test, including records of the laboratory where the
11 23 testing was conducted and any records relating to the
11 24 results of any relevant certification or review by a
11 25 medical review officer. However, a prospective
11 26 employee shall be entitled to records under this
11 27 paragraph only if the prospective employee requests
11 28 the records within fifteen calendar days from the date
11 29 the employer provided the prospective employee written
11 30 notice of the results of a drug or alcohol test as
11 31 provided in subsection 6, paragraph "i", subparagraph
11 32 (2).
11 33 c. Except as provided by this subsection and as
11 34 necessary to conduct drug or alcohol testing under
11 35 this section, a laboratory and a medical review
11 36 officer conducting drug or alcohol testing under this
11 37 section shall not use or disclose to any person any
11 38 personally identifiable information regarding such
11 39 testing, including the names of individuals tested,
11 40 even if unaccompanied by the results of the test.
11 41 13. CIVIL REMEDIES. This section may be enforced
11 42 through a civil action.
11 43 a. A person who violates this section or who aids
11 44 in the violation of this section, is liable to an
11 45 aggrieved employee or prospective employee for
11 46 affirmative relief including reinstatement or hiring,
11 47 with or without back pay, or any other equitable
11 48 relief as the court deems appropriate including
11 49 attorney fees and court costs.
11 50 b. When a person commits, is committing, or
12 1 proposes to commit, an act in violation of this
12 2 section, an injunction may be granted through an
12 3 action in district court to prohibit the person from
12 4 continuing such acts. The action for injunctive
12 5 relief may be brought by an aggrieved employee or
12 6 prospective employee, the county attorney, or the
12 7 attorney general.
12 8 In an action brought under this subsection alleging
12 9 that an employer has required or requested a drug or
12 10 alcohol test in violation of this section, the
12 11 employer has the burden of proving that the
12 12 requirements of this section were met.
12 13 Sec. 2. EFFECTIVE DATE. This Act takes effect on
12 14 the thirtieth day following enactment.""
12 15
12 16
12 17
12 18 STEVE KING
12 19 HF 299.238 77
12 20 ec/jj/28
Text: S03771 Text: S03773 Text: S03700 - S03799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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